Media Statement by ADR Network SA on Murder Charges that Mazibuye Africa Forum attempted to lay against Mr Govender and/Alternatively Sagekal Logistics: On 23 October 2013 ADR Network SA were informed by members of Mazibuyo African Forum, a civil society organisation, of their intent to lay 24 charges of murder and/or alternatively culpable homicide and one charge of defeating the ends of justice against Mr Gregory Govender, whom, according to information at hand, is the owner of Sagekal Logistics and/or alternatively Sagekal Logistics. Sagekal Logistics was the employer of Sanele Goodness May, a Swazi national who had been charged with 24 counts of murder(S v Sanele Goodness May) after a tragic accident occurred on the evening of 5 September 2013 in which 24 people lost their lives. ADR Network SA is a private alternative dispute resolution agency advocating primarily for restorative justice processes through non-adversarial means as well as access to justice. We believe that in this matter a process should be followed that promotes the principles of truth and accountability, restoration and healing through non-adversarial dialogue between all interested parties. We are in the process of advocating for an Independent Fact Finding Inquiry in this matter as a pre-curser to advocating for an ADR Restorative Justice Process. However, in terms of Section 34 of the Constitution of the Republic of South Africa, broadly concerned with access to justice, read with Section 38 of the Constitution broadly concerned with justiciability and standing, MAF has the right to cause the aforementioned charges to be laid against Mr Govender and/or Sagekal Logistics, in the interests of the public. It is in the interest of this right to access to justice of MAF and the public that ADR Network SA agreed to assist MAF procedurally as intermediaries in causing the abovementioned charges to be laid. Around midday on 24 October 2013 two representatives of ADR Network SA accompanied three members of MAF to Pinetown Police Station. ADR Network SA notes with concern that MAF was met with considerable resistance and ultimately refusal by members of the SAPS when trying to cause the above mentioned charges to be laid. ADR Network SA consider this to be a violation of the constitutional rights of MAF and the public to access to justice, and believes that the police conduct over a period of four hours to be in direct contrast to such rights. ADR Network SA have endeavoured to follow up on the matter to ensure that the situation is addressed and in this regard have already contacted the Kwazulu-Natal Provincial Police Commissioner, Ms Ngobeni. We are pleased to note the swift response from the Commissioner and it is our understanding that an investigation into the matter is already underway. For any further information, please email [email protected]
Posted on: Fri, 25 Oct 2013 08:02:21 +0000
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